Appeal Court Orders Kogi to Pay Ex-Deputy Gov Achuba Over N1bn Benefits

The Kogi State Government has lost its legal battle to stop payment of more than N1 billion in salaries and entitlements to its illegally impeached former Deputy Governor, Elder Simon Achuba.

A panel of three justices of the Court of Appeal, Abuja, Hamma Barka, Okon Abang, and Oyejoju Oyewumi, dismissed the state’s application to halt enforcement of the judgment.

Delivering the unanimous ruling, Justice Okon Abang held that the appeal was baseless, since civil cases from the National Industrial Court of Nigeria (NICN) end at the Court of Appeal.

“When the law says the decision of this court is final, there is nothing the applicants can do. It is as clear as daylight,” Justice Abang declared.

He described the state government’s attempt to escalate the matter to the Supreme Court as absurd, unjustified, annoying, and unwarranted.

Justice Abang also criticized Senior Advocate of Nigeria (SAN) Adebayo Adedeji, counsel to Governor Ahmed Usman Ododo and the state’s attorney general, for filing what he called a “false request.”

He ruled that the SAN should pay N3 million in costs to Achuba, stressing that compliance with the constitution is not cowardice but “maturity and restraint.”

Achuba was impeached in 2019 and later sued at the NICN, demanding his outstanding salaries, allowances, and benefits.

• On November 4, 2020, the Industrial Court ruled in his favor.

• On April 29, 2024, the Court of Appeal upheld the decision, confirming his entitlement to salaries and allowances for 2017 and 2018.

• The state then sought to stay execution and take the case to the Supreme Court, which has now been rejected.

Justice Abang cautioned against “executive lawlessness,” warning that judgments of the Court of Appeal in NICN civil cases are final under Section 243(4) of the 1999 Constitution (as amended).